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37 Ala. 95

Dunn v. Davis

Supreme Court of Alabama

Decided June 15, 1860

Supreme Court of Alabama · decided 1860-06-15

The record does not show the name of the presiding judge. This action was brought by Josiah Dunn and others, against Bennett Davis and others; and was founded on a penal bond, dated the 19th September, 1849, and conditioned as follows: “Whereas the above bound Bennett Dav,is has this day filed in the chancery court for said county his original bill against the said Dunn, Parker and wife, and Beavers, and, amongst other things, prayed an inj unction, in the nature of an…

Relies on Watt's Ex'rs. v. Sheppard · Garrett v. Logan

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-15

How this case has been cited

Cited by 5 later decisions — most recently March 1937

5 state decisions

2018601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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R. W. WALKER, J.

¶1The breaches assigned do not show that the contract of the defendants has been broken in any particular. The condition of the bond was, that “if said Davis shall well and truly do and perform all such matters and things as may be required of him in the premises, and pay all such costs and damages as may be recovered against him for the wrongful suing out of said injunction, then this bond to be void.” The complaint does not show that any matter or thing was required of Davis in the premises, which he had failed to perform; nor does it aver that a judgment had been recovered against him for wrongfully suing out the injunction, and that he had failed to satisfy the same. As the complaint did not state a cause of action, the demurrer was properly sustained. — See Garrett & Hill v. Logan, 19 Ala. 344, 346 ; Davis v. Gully, *982 Dev. & Batt, 360; Watts v. Shepherd, 2 Ala. 425Barnes v. Peck, 1 Porter, 187; Sledge v. Lee, 19 Geo. 411.

¶2Judgment affirmed.

A. J. Walker, C. J., not sitting.
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